Sunday 30 March 2008

Call for specialist military coroner

In 2006 families were having to wait 8 years and more for the inquests into their loved ones killed in operations in Iraq. Despite Government pledges to put in more resources to cut the waiting times, the situation hadn't improved much last year. Today, with 125 cases outstanding, service families are waiting an average of more than two years, and in the worst cases double that time, to learn how their loved ones died.
There seem to be two main causes for the backlog. Firstly, because the bodies are returned through RAF Lyneham, most service personnel deaths are only handled by the Wiltshire coroner who also has to deal with other day-to-day casework. Secondly the specialist nature of the inquests mean that it takes five times longer on average to complete a military hearing than a "civilian" one.
Two former chiefs of staff together with the War Widows Association and other groups are now calling for a specialist coroner service to be set up in order to speed up the inquest process. The idea is that not only would a specialised coroner have military knowledge and be familiar with injuries received in battle conditions, but also the coroner could actually be located in the area of operations and, where appropriate, record a new verdict of 'killed on active service'.
These proposals do however raise some concerns. It is important that the coroner is fully independent and being separate from the regular, civilian set up could put their independence in question; it should be remembered that it has been through coroners' reports that inadequancies in military equipment - and the subsesequent unnecessary loss of life - have been publicised. It is important that relatives are able to attend the inquest and conducting then in, say, Afghanistan would make this very unlikely.
One of the major criticisms of the current situation is that, while the MoD can spend £millions of tax payers money employing lawyers to act for them, the families of those killed in action are not entitled to legal aid. This is not only grossly unfair, it's downright disgraceful.